Tuesday, March 20, 2007

After the post on poorhouses, this description of the 1601 Elizabethan Poor
Law was suggested by email:

The 1601 Elizabethan Poor Law,
by Marjie Bloy: ...After the Reformation ..., it became necessary
to regulate the relief of poverty by law. During the reign of Elizabeth I, a
spate of legislation was passed to deal with the increasing problem of raising
and administering poor relief. [Here are some key historical dates in the years prior to the 1601 law followed by discussion of the law:]

1552

Parish registers of the poor were introduced so that there was
an official record of those who fell into the category of 'poor'

1563

Justices of the Peace were authorised and empowered to raise
compulsory funds for the relief of the poor and, for the first time, the poor
were put into different categories

those who would work but could not: these were the able-bodied or
deserving poor. They were to be given help either through outdoor relief or by
being given work in return for a wage.

those who could work but would not: these were the idle poor. They
were to be whipped through the streets, publicly, until they learned the error
of their ways.

those who were too old/ill/young to work: these were the impotent or
deserving poor. They were to be looked after in almshouses, hospitals,
orphanages or poor houses. Orphans and children of the poor were to be given a
trade apprenticeship so that they would have a trade to pursue when they grew
up.

1572

the first compulsory local poor law tax was imposed making the
alleviation of poverty a local responsibility

1576

the idea of a deterrent workhouse was first suggested although
nothing was done at this point

1597

Justices of the Peace once more were authorised and empowered
to raise compulsory funds for the relief of the poor and the post of 'Overseer
of the Poor' was created. The position continued after the 1834
Poor Law
Amendment Act

1601

the 'Elizabethan Poor Law' was passed [43 Eliz I Cap. 2],
consolidating all the previous legislation into one massive law and made
provision for

The law required each parish to elect two Overseers of the Poor every Easter:
those who were elected were unpaid and often were unwilling appointees who acted
under the supervision of the JPs. ... The duties of the Overseers were to

work out how much money would be needed for the relief of the poor and set
the poor rate accordingly

collect the poor rate from property owners

relieve the poor by dispensing either food or money

supervise the parish poor-house

Two types of relief were available

outdoor relief: the poor would be left in their own homes and would
be given either a 'dole' of money on which to live or be given relief in kind -
clothes and food for example. This was the norm

indoor relief:

the poor would be taken into the local almshouse

the ill would be admitted to the hospital

orphans were taken into the orphanage

the idle poor would be taken into the poor-house or workhouse where they
would be set to work

Part of the 1601 Law said that poor parents and children were responsible for
each other, so elderly parents were expected to live with their children for
example. However, everyone in need was looked after at the expense of the
parish, which was the basic unit of poor law administration..., each based on a
parish church. However, no mechanism was introduced to enforce any of the
measures stated by the 1601 Act and the operation of the poor law was
inconsistent. The legislation did not set down any administrative standards so
parishes were at liberty to interpret the law in any way they wished. There were
great differences between parishes which varied between extreme laxity and
extreme stringency in the interpretation of the law. ...

The Elizabethan legislation was intended to help the 'settled' poor who found
themselves out of work (for example) because of illness, or during a hard winter
or a trade depression. It was assumed that these people would accept whatever
work or relief the parish offered, whether that was indoor or outdoor relief.
Neither method of assistance was seen as punitive or harsh. It was intended to
deter or deal with the 'sturdy beggars' who were roaming the roads, robbing
travellers and generally posing a threat to civil order. ...

The first adaptation of the 1601 Act came in 1607 and provided for the
setting up of Houses of Correction in each county. Here, work was provided for
the unemployed at local rates of pay; work could be forced on the idle and on
vagabonds. The Houses of Correction were not part of the Elizabethan system of
poor relief and were totally separate from the parish poor houses because the
law made a clear separation between the settled and 'wandering' poor.

The 1601 Elizabethan Poor Law continued with further adaptations -- for
example the 1662
Settlement Act,
Gilbert's Act
(1782) and the
Speenhamland system of 1795 -- until the passing of the 1834
Poor Law
Amendment Act and formed the basis of poor relief throughout the country for
over two centuries. It was a fair and equitable system run for and administered
by local people at a time when the population was small enough for everyone to
know everyone else and his/her circumstances. This meant that the idle poor were
known as such and would be given short shrift at the hands of the Overseers of
the poor. ...

There are differing views as to just how fair and equitable this system was, and this tends to downplay the harsh conditions of the time (more so in the parts I cut).
For more on the 1834 Amendment, see "Nassau
Senior and the Poor Laws – Everything Old is New Again," which includes this
quote from historian E.J. Hobsbawn:

There have been few more inhuman statutes than the Poor Law of 1834, which
made relief “less eligible” than the lowest wage outside, confined it to the
jail-like workhouse, forcibly separated husbands, wives, and children in order
to punish the poor for their destitution, and discourage them from the dangerous
temptation of procreating further paupers.

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The 1601 Elizabethan Poor Law

After the post on poorhouses, this description of the 1601 Elizabethan Poor
Law was suggested by email:

The 1601 Elizabethan Poor Law,
by Marjie Bloy: ...After the Reformation ..., it became necessary
to regulate the relief of poverty by law. During the reign of Elizabeth I, a
spate of legislation was passed to deal with the increasing problem of raising
and administering poor relief. [Here are some key historical dates in the years prior to the 1601 law followed by discussion of the law:]